Resolution-PC 96-714j1
•v.
RESOLUTION NO. PC96-71
A RESOLUTlON OF THE ANAHEIM GIN ?i.ANNING COMMISSION
DETERMI~lING PUBLJC CONVENIENCE OR NECESSITY NO. 9§~l~d S
FOR ,AN ALCOHOl1C BEVERAG~ CANTRAL UCENSE ~
AT 3731 EAST IA PALMA AVENUE fUNOCAL SER~CE STATION)
WH~REAS, on J~y 11,1935, the City Councfl a~opted i~esdutt°~ Ho. 95R-134 ~tabifshing
pr~xx~dures and delegaUng certein responsibpiUes to the Planring Commts~lon relating to the detsrmtnaUo~
uf'publtc convertence or necessity" o~ those certat~ ePplkatbn$ requiring that such determinatt~n be made
by the Eocal goveming body purs~.rarn to ap~l~able pro~isions of the Bustness and Profe~si~ns Ccide, and
prior to the issuanc:e ofi a ikense by the Department of IUcohoi(c Beverage Cc-r~trol (F9C); and
WHEREAS, Section 23958 af the Busf~-ess and Professions Code provides that The ABC
shall deny an application for a Iicense if fssuance of that Ik:ense would terid to create a law enforcemeM
problem, or if issuance v++ould result tn or add to an undue concentration of Iicensos, excepz when an
applicant has demonstrated that public convenience or necessitY would be served by the issuance of a
Iicense; and
WHEREAS, the ~tty Planning Commission of the City af Anaheim did receNe an application
for a ~etemdnation of Public Cornenience or Necessiry to perm!t the sale of alcohdic beverages (beer and
wine) for off-~remises consumptbn ln conJunction wRh a serv(ce statian located at 3731 East La Palma
Avenue (U~sucal Service StaUon) on certafn ~eal property situated in the City of Anahefm, County of Orange,
State of Califomia, descdbed as: _.
` PARCEL ~„AS SHOWN ON A MAP FILED iN BOOK 27, PAGE 7 OF PARCEL
~~. MAPS, IN THr Or'PlCE OF THE COUNTY RECORDER OF ORANGE COUNTY,
CAUFQRNiA
WHEREAS, the City Planning Commss~on did ha'd a public hearing at the Civic Center in
the Ciry of Anahetm on July 8, 1996, at 1:30 p.m., noUce o# sa~d public hearing having been duly given as
requlred by Resdution No. 95R-134 and in accordance v+fth the provisions of the Anai8lttmni~uoni of p~io
Chapter 18.03, to hear and cons(der ev(dence for arxl agat~st said ProPosed
cornenience or necessity for an alcohdic beverage conird I~ense to irnestigate and make Hndings and
recommendations in connection therewith; and that said public hearing was ccx-tinued to the July 22, 1996
Planning Commissfon meeting; end
// WHEREAS, saEd Commissicn, after d~e inspectiors, irnestigation and study made by itself
and in Nts behaif, and a~ter due consideration of all evidance and reports offered at said hearing, does flnd
and determine the fdlowtng facts:
' 1, i hat the determination of pubUc cornenfence and necessity is appropriate at the
subject property becaus9 ft w~l nat create an undue concentration of such iicensss within its geographic
area since the existing Iicense is located a s(gn~irant distance away (approximately 1 mile) ftom the subject
ProPenY• :
2. That subject reporting dist~ict has a crime rate 3296 lower than the Ctry average.
3. That no one fndicated their presence at said publ~ hearing in opposfUon; and that
no correspondence was receNed in oppos~(on to the subject pettcion.
CR2702MS.WP -1- PC96-71
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c`lWFORNIR ENVIRONMENTAL QUALITY RGT FlNDIPIG: That the Anaheirn Cfry Planntng
Comm(ssion has reviewec the proposal to pc3rmNt a seevice station wfth an accessory cornenience market,
with off-premises sale and consumption of beer and wine, and with walvers of minimum number of trees,
reqrlred setback adjacerrt to inteekx ~roperty Iines and maxtmum stgn size on a rectangulady-shaped parco~
of Iartai const~ting of approximately 0.54 acre located at the northwest comer af La Palma Avenue and Tustin
Avenue, havfng a~Proximate franta9es of 132 feet on the north skle of la Palma Avenue and 125 feat on
the west s(de of Tustin Avenue, a~d ftaither described as 3731 East La Palma Avenue, within DevelopmeM
Area 4 of the Northeast Area Specffic Plan (SP94-1) (Unocal servk'.e statior-); and does hereby approv~ the
Negative Dedaration upon finding that the dedaration reNects the (ndependerrt judgemerK o# the leacl agency
and that it has considered the NegatN~e Dedaration together with any commer9ts recefved during the public
review process and further flnding on the br~sis of the in~tial st~xJy arxl any comments received that there
ts no substarrtial evidence that the project w~11 have a signifl~e~ etfect on the environmeM.
NOW THEREFORE BE IT RESOLVE~ that the Pl~nning Commission does hereby deterrnine
that the public convenience or necessiry will be served by the issuance of a license for the sale of beer,
wlne and general ifquors for aff-premises consumption at thls location.
BE IT FURTHER RESOLVED that the Anaheim Ciry Planning Commisslon does hereby find
and determine that adoption of thfs Resolution is expressly predicated upon appltcant's compliance with
each and afl of the findings hereinabove set forth.
THE FOREGOING RESOLUTION was adopied at the Planning Commissfon meeting of
July 22, 1996. ~
CHAIRMAN ANAHEIM CI PLANNING ~OMMISSION
ATTEST: ~ ?~9~
=; a'=,~,R~TARY, EIM CITY PUWNING CAMMISSION
~,
'~'`F~'OF CALlFORNIA )
~.. , ~~,~~~Uni~TY OF ORA~Jr,E ) ss. ~
• CITY OF ANAHEIM )
I, Margarita Sdo~io, Sec~etary of the Anaheim Ciry Planning Commission, do hereuy
certffy tha4~!:he foregoing resolution was passed and adopted at a meeting of ihe Anaheim Ciry Planning
Commtssirn held on July 22, 1996, by ihe fdlowing vote af the members thereof:
AYES: COMMISSIONERS: 80S1WICK BOYDSTUN, BRISTOL, HENNINGER, RAESSE, PER:4ZA
NOES: COMMISSIONERS: NONE
ABSEN'T: COMMISSIONERS: MAYER
ON WITNESS WHEREOF, I trave hereunto set my hand thls 1° l"' day of ~~[u~"L_
1sss. ~, n ~ U
r~ ~ ~~
SECRET/LAY, AHEIM CITI( PIANNING COMMISSION
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PC96-71